2013/11/19ANAHEIM CITY COUNCIL
REGULAR AND REGULAR ADJOURNED MEETING
OF NOVEMBER 19, 2013
The regular meeting of November 19, 2013 was called to order at 3:00 P.M. and adjourned to
3:30 P.M. for lack of a quorum. The regular adjourned meeting of November 19, 2013 was
called to order at 3:37 P.M. in the chambers of Anaheim City Hall. The meeting notice, agenda
and related materials were duly posted on November 15, 2013.
PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille
Kring and Kris Murray.
STAFF PRESENT: City Manager Marcie Edwards, City Attorney Michael Houston and City
Clerk Linda Andal.
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
Cecil Jordan Corcoran, Outreach Homeless Ministries, advised the public on separating the true
teachings of the bible from those based on pretense.
City Attorney Michael Houston, referring to Item No. 2 on the closed session agenda, reported
that based on the city attorney's determination, there were existing facts and circumstances
consisting of an incident or transactional occurrence related to alleged violations of Government
Code Sections 54950 et. seq. that made this litigation likely.
At 3:41 P.M., council recessed to closed session for consideration of the following items:
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Moreno et al. v. City of Anaheim, Orange County Superior Court Case
No. 2012- 00579998
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
California Government Code Section 54956.9)
One potential case.
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the California Government Code)
Property: Assessor Parcel Numbers: 253 - 473 -01 - 1200 S. Phoenix Club Drive,
Anaheim, CA 92806; 253 - 631 -32 - 1200 S. Phoenix Club Drive, Anaheim, CA 92806;
253 - 631 -39 - 1200 S. Phoenix Club Drive, Anaheim, CA 92806
Agency Negotiators: Larry Pasco, Marcie Edwards
Negotiating Parties: Orange County Water District
Under Negotiations: Price and Terms of Payment
City Council Minutes of November 19, 2013
Page 2 of 12
At 5:04 P.M., the Anaheim City Council session was reconvened.
INVOCATION: Pastor Mark Bove, Calvary Chapel Anaheim
FLAG SALUTE: Mayor Pro Tem Gail Eastman
PRESENTATIONS: Recognizing Linda Horist as one of five California Department of
Education's California Teachers of the Year for 2014
Proclaiming December 7, 2013, as Pearl Harbor Remembrance
Day
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming December 1, 2013, as World AIDS Day
Proclaiming December 2013, as Drunk and Drugged Driving Prevention
Month
Proclaiming November 30, 2013, as Small Business Saturday
Mayor Tait commended Linda Horist, a Nohl Canyon Elementary School teacher, who was
honored as one of five California Teachers of the Year for 2014. He spoke in admiration of her
extraordinary teaching skills, demonstrated in a brief video presentation presented to the
audience, and her commitment to the students. Ms. Horist thanked council for the recognition,
remarking it was an honor and a privilege to represent every teacher in Anaheim, emphasizing it
was not just about what was taught in the classroom, but about life learning skills and a belief
that students could do anything.
Mayor Tait introduced Ken Jahnke, a 70 -year resident of Anaheim and a Pearl Harbor survivor.
Mr. Jahnke enlisted in the U.S. Navy when he was 17 and was stationed on the USS Oklahoma
in Pearl Harbor on December 7 and, on that date, suffered a loss of 600 shipmates. He
accepted the proclamation for Pearl Harbor Remembrance Day on behalf of his shipmates and
thanked the city for remembering and honoring America's veterans not just on this date, but
throughout the year.
Tiffany Townson remarked that one in three people were impacted by a DUI crash in their
lifetime and appreciated Council acknowledging the importance of drunk driving awareness and
prevention. As December was designated Drunk Driving Awareness month, she urged the
public to take steps to prevent individuals from driving under the influence of any substances as
the holiday celebration season approaches.
Martine Salas, Aids Services Foundation Orange County, thanked the city for acknowledging
World AIDS Day as an effort in the crusade of raising awareness for this disease that had no
vaccine or effective cure. She emphasized the most powerful deterrent against AIDS was
prevention.
City Council Minutes of November 19, 2013
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ADDITIONS /DELETIONS TO THE AGENDA:
Michael Houston, City Attorney, announced Mayor Tait had declared a conflict with respect to
Closed Session Item No. 3 related to Orange County Water District.
PUBLIC COMMENTS (all agenda items): The City Clerk relayed the city's decorum policy to
the public.
Daniel DeMeyere, resident, addressed his concerns regarding the Brookhurst Street expansion
project and its impact to his community of about 100 homes near Brookhurst. He explained that
due to the expansion, no left turns could be made into his neighborhood and could delay
emergency vehicle access to his neighborhood. Mr. DeMeyere indicated he intended to
circulate petitions as well as determine what his legal rights were. Mayor Tait asked the City
Manager to look into Mr. DeMeyere's concerns and report back to council on the findings.
Malik Azhar, resident, commented when individuals addressed the city council during council
meetings it was because all other avenues for assistance were closed and they looked to the
city for help. In Mr. Azhar's case, he wanted the city to be aware of human rights violations with
respect to the taxi franchisees and treatment of their employees.
William Fitzgerald objected to the no camping ordinance in city parks and its impacts on the
homeless, in addition to other actions taken by city leaders.
Jon Dunton thanked the Police Department for their quick response and apprehension of a
suspect involved in an armed robbery at Broadway and Bush.
James Robert Reade updated the community on Latino gang activities, specifically identifying
alleged street terrorists and their ties to Anaheim communities.
Bernice Danker, addressed her comments to Item No. 22 on behalf of the residents of Archer
Street. She thanked the city for considering all aspects of this proposed project. She shared the
impact it would have on her neighborhood and the owner and representatives of Deluxe
Banquet Hall for working with the Archer Street neighbors to make this project acceptable to all.
She indicated the residents of Archer Street would be watchful to ensure conditions of the use
permit were followed and hoped that with the approval of this project, that cooperation would
continue for the benefit of west Anaheim.
Dorothy Rose, Orange County Symphony, remarked the next concert was scheduled for
November 24 featuring a conductor who collaborated with Gustavo Dudamel for the Los
Angeles Youth Orchestra and would highlight Latin American composers on that night. In
addition, she announced that December 18 was a gala fund raiser for the benefit of the after
school elementary program with symphony musicians volunteering to teach 1,300 students
every week. This fund - raiser would help put instruments in the hands of those who were unable
to rent or purchase them, with Ms. Rose encouraging the community to attend.
Ron Bengochea, resident, thanked Mr. Jahnke for his service to this country expressing
appreciation as well for the many events that honored veterans in the city. He wished all a
happy thanksgiving and to remember and be thankful for the important things in life.
City Council Minutes of November 19, 2013
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Zia spoke of the aggressive evictions happening to residents on Guinida Lane and the impacts
to those who lost their apartments after living on Guinida for years. She stated these evictees
were adding to the homeless population and it was unfortunately occurring before the holidays
and was bringing it to the attention of the city in the hopes something could be done.
Donna Acevdeo, speaking in support of Zia's comments, asked why no one knew what this
proposed revitalization plan was for the Guinida neighborhood and why residents were not
made aware of it.
Greg Diamond objected to Council Member Kring's recent focus on civility in the council
chambers as he pointed out other public speakers like James Robert Reade regularly made
inappropriate comments about others and no action was taken.
COUNCIL COMMUNICATIONS
Council Member Kring responded to an earlier comment stated she had also spoken in support
when other individuals were addressed inappropriately during council meetings, adding that
many residents had told her they would not attend council meetings because of audience's
responses and the nonproductive environment.
CONSENT CALENDAR: At 5:55 P.M., the consent calendar was considered. Mayor Tait
pulled Item Nos. 3 and 14 and indicated he would abstain on Item No's. 10, 16 and 17 as he
had a potential conflict of interest on these items as his firm had worked with Orange County
Transportation Authority and Council Member Kring removed Item Nos. 16 and 17 for comment
purposes only. Mayor Pro Tern Eastman then moved to waive reading in full of all ordinances
and resolutions and to adopt the balance of the consent calendar as presented, in accordance
with reports, certifications and recommendations furnished each city council member and as
listed on the consent calendar, seconded by Council Member Kring. Roll Call Vote: Ayes — 5:
(Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion
Carried
1. Receive and file minutes of Library Board meeting of September 9, 2013, Community
B105 Services Board meetings of September 12, 2013 and September 19, 2013 and Cultural
and Heritage Commission meeting of September 19, 2013.
D117 2. Approve the Investment Portfolio Report for October 2013.
4. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
D180 Agent to issue a purchase order to AWE Digital Learning Solutions, in the amount of
$38,679.12, for early literacy stations for the Community Services Department.
5. Accept the responsive bid from California Waters Development, Inc., in an amount not to
exceed $227,211, for pool repair services for the Pearson Park pool, in accordance with
D180 Bid #8027.
6. Accept the bid of CSI Fullmer, in the amount of $160,455.27 (including tax), for Allsteel
D180 modular systems furniture for the Fire Department offices at Anaheim West Tower, in
accordance with Bid #8019.
City Council Minutes of November 19, 2013
Page 5 of 12
7. Award the contract to the lowest responsible bidder, J.A. Salazar Construction & Supply
AGR -7886 Corporation, in the amount of $840,000, for Peridot Place, Twin Peak Circle, and Coral
Circle water mains replacement project and authorize the Finance Director to execute
the Escrow Agreement pertaining to contract retentions.
8. Award the contract to the lowest responsible bidder, GMC Engineering, Inc., in the
AGR -7887 amount of $6,823,500.45, for the Katella Street Improvements project (86' west of Lewis
Street to 410' east of State College Boulevard and State College Boulevard from Katella
Avenue to 660' south of Katella Avenue) and authorize the Finance Director to execute
the Escrow Agreement pertaining to contract retentions.
9. Approve agreements with Lidgard & Associates, Inc., and Stephen G. White, MAI, each
AGR- 4564.A in an amount not to exceed $300,000 annually, for on call appraisal services, as
AGR -7888 required, for the City Capital Improvement Program.
10. Approve Amendment No. 1 to Memorandum of Understanding C -1 -2648 with the
Orange County Transportation Authority (OCTA), County of Orange, the State of
AGR - 6850.1 California Department of Transportation and the Cities of Fountain Valley, Fullerton,
Garden Grove, Huntington Beach, Stanton, and Westminster for a no cost extension of
the maintenance signal operations on Magnolia Avenue as part of OCTA's Traffic Signal
Synchronization Program.
Mayor Tait abstained on this item due to a conflict of Interest. Motion to approve by Mayor Pro
Tem Eastman, seconded by Council Member Kring. Roll Call Vote: Ayes — 4: (Mayor Pro Tem
Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 9:
Mayor Tait. Motion Carried.
11. Approve the Second Amendment to Agreement with Brian Briggs, in an amount not to
AGR- 5328.2 exceed $200,000, for video services for a three year term.
12. Approve the Second Amendment to Agreement with CARE Ambulance Services, Inc.,
clarifying certain contractual provisions and extending the term up to five years for
AGR- 441Q.2 medical transport and related services.
13. Approve the Third Amendment to Agreement with CARE Ambulance Services, Inc.,
AGR - 4411.3 increasing the monthly rental charge to $2,134 for housing of personnel and equipment.
15. RESOLUTION NO. 2013 -171 A RESOLUTION OF THE CITY COUNCIL OF
AGR- 3989.4 THE CITY OF ANAHEIM to approve the 2013 -14 Edward Byrne Memorial Justice
Assistance Grant Funds Transfer Agreement between the City of Anaheim and the
County of Orange, authorizing the Chief of Police or his designee to execute all
documents required to transfer the grant funds, and authorizing the acceptance of such
grant funds on behalf of the City and amending the budget for the fiscal year 2013 -14
accordingly.
18. RESOLUTION NO. 2013 -174 A RESOLUTION OF THE CITY COUNCIL OF
D154.1 THE CITY OF ANAHEIM establishing rates of compensation for classifications assigned
D154.2 to the Anaheim Municipal Employees Association, General Unit.
D154.5
City Council Minutes of November 19, 2013
Page 6 of 12
RESOLUTION NO. 2013 -175 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM establishing rates of compensation for classifications assigned
to the Anaheim Municipal Employees Association, Clerical Unit.
RESOLUTION NO. 2013 -176 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM establishing rates of compensation for classifications assigned
to the International Brotherhood of Electrical Workers, Local 47.
19. ORDINANCE NO. 6291 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
C280 Code relating to zoning (Reclassification No. 2013 - 00256; DEV2013- 00064; 2243 South
Loara Street; Introduced at Council meeting of November 5, 2013, Item No. 18).
D114 20. Approve minutes of Council meetings of October 8, 2013.
END OF CONSENT:
3. Approve the appointments of Dukku Lee to the position of Public Utilities General
D116 Manager and Kristine Ridge to the position of Deputy City Manager, both effective
November 22, 2013.
At 6:11 P.M., City Manager Marcie Edwards announced two executive appointments for city
council's consideration; the first was Kristine Ridge to the position of Deputy City Manager,
stating Ms. Ridge was currently serving as Anaheim's Human Resources Director and would
initially retain her responsibilities over that department as well as assume those associated with
the deputy position. She reported Ms. Ridge had over 25 years in the public sector assuming
roles of increasing responsibility including serving as Anaheim's Interim Finance Director,
Interim Treasurer and Auditor at varying times. The second appointment was Dukku Lee to the
position of Anaheim Public Utilities General Manager. With Mr, Lee's 14 years as electric utility
manager and for the last few years as the Utilities Assistant General Manager over the electric
system, Ms. Edwards announced he was well suited to take over this department. All members
of the City Council concurred and offered their congratulations to both appointees.
Mayor Pro Tem Eastman then moved to ratify the appointments of Kristine Ridge and Dukku
Lee, seconded by Council Member Kring. Roll Call Vote: Ayes — 5: (Mayor Tait and Council
Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried.
14. Authorize the City Manager to provide sponsorship funding to the Canyon Hills
D150 Community Council for a tree lighting ceremony in East Anaheim,
Mayor Tait remarked the Canyon Hills tree lighting ceremony was a good community event and
he appreciated the Community Council for taking that initiative and the Influence Church for
their participation. His only concern was that the city was partnering in an event held on church
property and he felt somewhat uncomfortable with that aspect. Council Member Murray
remarked the Community Council was a well - established group of volunteer residents and that
the tree would also be near the federal post office site and she believed there was enough
public property in this area to warrant going forward. She added this year a number of cultural
and occasional religious events were held with city support, such as the EID festival, and she
moved to approve Item No. 14, seconded by Council Member Kring. Ms. Kring stated she had
City Council Minutes of November 19, 2013
Page 7 of 12
been involved with this Community Council for many years and until recently they had put on
the 4' of July parade with the city donating $7,500 to that celebration and in conjunction with
the July events, the Community Council put on a patriotic concert the weekend before the 4' of
July parade which was held at the Church of Latter Day Saints. For those reasons, she would
support this request. Mayor Pro Tern Eastman remarked that most of the good things that
happened did so with the coming together of residents for a community benefit and she felt this
event was worthy of support. Mayor Tait stated his initial concerns were alleviated since there
was a post office in that area and would support the request as well.
Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and
Murray.) Noes — 0. Motion Carried.
16. RESOLUTION NO. 2013 -172 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM approving the submittal of the Orangewood Avenue Corridor
Traffic Signal Synchronization Project to the Orange County Transportation Authority for
funding under the M2 Regional Traffic Signal Synchronization Program, and amending
the fiscal year 2013 -14 budget to reflect the amount of the grant funds awarded.
17. RESOLUTION NO. 2013 -173 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM approving the submittal of the Anaheim Boulevard Corridor
Traffic Signal Synchronization Project to the Orange County Transportation Authority for
funding under the M2 Regional Traffic Signal Synchronization Program, and amending
the fiscal year 2013 -14 budget to reflect the amount of the grant funds awarded.
Mayor Tait remarked Item Nos. 16 and 17 would be considered together indicating he had a
potential conflict of interest on these matters as his firm had worked with Orange County
Transportation Authority and left the dais at 6:11 P.M, turning the gavel over to Mayor Pro Tern
Eastman.
Council Member Kring remarked she pulled these items off the consent calendar to thank the
taxpayers who voted to support Measure M2 in 2006, because synchronized signal lights would
improve the flow of traffic on Orangewood and Anaheim Boulevard and help reduce air pollution
as well. She then moved to approve RESOLUTION NO. 2013 -172 OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving the submittal of the Orangewood Avenue Corridor Traffic
Signal Synchronization Project to the Orange County Transportation Authority for funding under
the M2 Regional Traffic Signal Synchronization Program and amending the FY 2013 -14 budget
to reflect the amount of the grant funds awarded; and to approve RESOLUTION NO. 2013 -173
OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the submittal of the Anaheim
Boulevard Corridor Traffic Signal Synchronization Project to the Orange County Transportation
Authority for funding under the M2 Regional Traffic Signal Synchronization Program, and
amending the fiscal year 2013 -14 budget to reflect the amount of the grant funds awarded,
seconded by Mayor Pro Tem Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tern Eastman and
Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait).
Motion Carried.
21. Consider the Charter Review Committee's request to extend the deadline to deliver the
D116 Recommendations Report to the City Council from December 10, 2013 to January 28,
2014.
City Council Minutes of November 19, 2013
Page 8 of 12
RESOLUTION NO. 2013 -177 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM, CALIFORNIA, amending and restating Resolution No. 2013-
78 creating a Charter Review Committee and establishing the rules and procedures
governing the Charter Review Committee (extending the Charter Review Committee's
Recommendation Report deadline to January 28, 2014).
IV
Maintain the current deadline of December 10, 2013 set by Resolution No. 2013 -078
relating to the Recommendation Report of the Charter Review Committee.
Paul Emery, Assistant City Manager, explained this was a request from the Charter Review
Committee to extend the date the committee was scheduled to report their recommendations to
the city from December 10, 2013 to January 28, 2014, to accommodate a scheduling conflict for
one of the seven members in the Charter Review Committee. He added should council not
approve this request, the Committee would complete their deliberations and would provide a
report to council on December 10 He added when the original schedule was developed it was
to allow council multiple dates to review any recommendations and set forth any changes
without scheduling any special meetings. The proposed amendment schedule, as presented by
the committee, would only allow deliberations to occur on January 28 He noted this timeline
was limited due to the requirements to develop ballot language and impartial analysis and to
allow for the placement of arguments for and against any measures which were due to the
Registrar of Voters by March 7, 2013.
Mr. Emery stated it was staff's recommendation that the original date of the resolution remain in
order to allow council appropriate time for deliberation and staff adequate time to develop ballot
language and impartial analysis and then solicit arguments for and against any measure.
Council Member Brandman moved the recommendation to extend to January 28, 2013
seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council
Members: Brandman, Eastman, Kring and Murray.) Noes - 0. Motion Carried.
PUBLIC HEARING:
22. Continued public hearing (Public comment period closed).
CONDITIONAL USE PERMIT NO. 2013 -05679 (DEV2013- 00016)
C220 OWNER: Deluxe Banquet Hall, 237 E. Olive Avenue, Burbank, CA 91502
APPLICANT: Phil Schwartze, PRS Group, 31103 Rancho Viejo Road D -2260, San Juan
Capistrano, CA 92675/ Rafi Topalian, Designwork Studios, 2030 E. 4th Street #221,
Santa Ana, CA 92705
LOCATION: This 1.3 -acre property is located at 420 South Brookhurst Street;
approximately 595 feet south of the centerline of Broadway
The applicant proposes to permit a banquet facility which includes a restaurant with the
sales of alcoholic beverages and hookah lounge within an existing restaurant building.
Environmental Determination: The proposed action is Categorically Exempt from the
requirement to prepare additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities).
ACTION TAKEN BY THE PLANNING COMMISSION:
City Council Minutes of November 19, 2013
Page 9 of 12
Approved added conditions of approval limiting the number of patrons in the hookah
smoking area to 44 patrons; and that the applicant is to obtain a parking agreement with
the property owner to the south prior to construction. (Vote: 5 -0. Chairman Ramirez and
Commissioners Bostwick, Caldwell, Lieberman and Seymour voted yes. Commissioners
Agarwal and Persaud were absent)
(Planning Commission meeting of August 26, 2013) (Review of Planning Commission's
decision set by Mayor Tait and Council Member Kring) (Continued from Council meeting
of October 8, 2013, Item No.25).
RESOLUTION NO. 2013 -178 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Conditional Use Permit No. 2013 -05679 and making
certain findings in connection therewith (DEV2013- 00016;420 South Brookhurst Street).
City Clerk Linda Andal introduced the continued public hearing reporting that public comments
were received during the October 8, 2013 public hearing and properly closed and advised that
unless council desired, the need to re -open public comments was not required.
Sheri Vander Dussen, Planning Director, indicated that council considered a request to permit a
banquet facility, including a restaurant with alcoholic beverage service and an accessory
hookah lounge on October 8, 2013. Public testimony was taken with the decision continued to
this date to allow staff time to look at several matters; i.e., could a hookah lounge be fully
enclosed and remain in compliance with state smoking laws, 2) were there air filtration options
that reduced odor and air quality impacts to nearby homes, and 3) for staff to review the city of
Glendale's fresh air ordinance as well as similar ordinances adopted by other cities to determine
whether adoption of a similar ordinance could be effective in reducing odors and air quality
impacts from hookah lounges.
Ms. Vander Dussen announced the applicant, in response to neighborhood concerns, submitted
revised floor plans that reduced the size of the hookah lounge from 4,100 square feet to a little
over 1,800 square feet. It would be enclosed with glass panels on three sides, open to
Brookhurst Street, and would have a canvas roof as well. With the new design, she explained,
the separation between the lounge and the rear property line of nearby residences reflected an
additional 20 feet for a total 240 feet of separation. The hookah lounge would continue to be
limited to a maximum of 44 patrons, no alcoholic beverages could be served in this area, and
the remaining terraced area that was previously part of the hookah lounge would become an
outdoor seating area. She added cigarette smoking could be permitted in outdoor seating
areas, per state law, and smoking outdoors would not be regulated by the Anaheim Municipal
Code. She also pointed out that the service of alcoholic beverages required approval by both
the State Department of Alcoholic Beverages Control and the State and any request to serve
alcoholic beverages on this patio would require a separate action at a later date.
The revised floor plan was shared with the area residents by the applicant at a neighborhood
meeting on November 12 with seven residents in attendance. Their concerns were identified
as follows: second hand smoke health hazards, maximum occupancy of the outdoor terrace,
regulating hookah area spillover into the outdoor terrace, the ability to smoke cigarettes on the
outdoor terrace, the adequacy of parking, and code enforcement actions on existing hookah
lounges. Ms. Vander Dussen reported the applicant's representative indicated the owner was
willing to continue to work with the community to be a good neighbor.
City Council Minutes of November 19, 2013
Page 10 of 12
REGULATIONS RE SMOKING:
Ms. Vander Dussen remarked state regulations regarding smoking were primarily concerned
with employee health in the work place and not the health of the public at large. Outdoor
smoking was generally permitted with food service but prohibited in conjunction with indoor food
service. She noted state law also banned smoking within 20 feet of an entrance or operable
window of a public building and that these laws were specifically intended to protect employees
and patrons of businesses from second hand smoke. She emphasized that it may not be
possible for the proposed hookah lounge to be operated in an enclosed space and comply with
state smoking regulations simply because State regulations did not prohibit smoking outdoors.
She also indicated the applicant did explore full enclosure of the hookah area and because the
construction cost would be costly, proposed a semi - enclosed design. Staff also researched the
effectiveness of HEPA and other air filtration systems for removing tobacco smoke from the air,
as well as electronic air cleaners such as ionizers finding that these filters did not remove the
various fine smoke particles associated with cigarette smoke. In addition, because the hookah
area was not enclosed, any air filtration system would not be able to effectively capture and
treat the air in the lounge.
Reviewing various municipal smoking regulations, staff found that 19 cities banned hookah
lounges. She shared that other smoking regulations adopted by other cities did not address the
proximity of a hookah lounge to residents with most of the ordinances specifying a minimum
distance between smoking and non - smoking areas which ranged from five feet to 80 feet, with
the most common standard banning smoking within 20 feet of a non - smoking use. Regarding
Glendale's fresh air ordinance, businesses were voluntarily allowed to choose to be 100 percent
smoke free and were recognized by the city as fresh air zones and promoted as such on the
city's website. Glendale also allowed smoking in outdoor dining areas when the distance
between smoking and non - smoking areas was at least 10 feet.
Ms. Vander Dussen reported, that based on available information, the most effective means of
addressing potential health impacts of second hand smoke was providing adequate distance
between the smoke source and people. Since the proposed hookah lounge would be 240 feet
from the nearest residential property, it exceeded by 10 times greater, the common distance
requirement of 20 feet and was almost three times greater than the largest separation
requirement by any of the ordinances reviewed.
PERMIT CONDITIONS:
Ms. Vander Dussen stated the applicant agreed to a number of conditions in response to the
concerns heard in various meetings and the hearing process and listed some of those
conditions. The applicant agreed:
• to provide valet parking adjacent to residents along the east property line in order to
minimize noise impacts in the back parking lot;
• to install an eight foot high block wall plus trees to provide a buffer along the east
property line;
• to reduce hours of operation from the original proposal and to limit the number of patrons
in the hookah lounge to 44;
• to install no windows on the east building elevation to maintain the privacy of the
residents;
• to install trees and vines along the south and east elevations to improve the appearance
of the building form adjoining properties;
• to voluntarily reduce the size and partially enclosed the hookah lounge;
City Council Minutes of November 19, 2013
Page 11 of 12
• to secure additional parking on the property to the south to respond to concerns that
patrons may park in neighborhoods if on -site parking was not adequate to meet the
demand; and
• to a condition that would require the applicant meet with neighbors to address concerns
should they arise in the future.
EXISTING HOOKAH LOUNGE PROBLEMS:
Ms. Vander Dussen added that many residents had expressed frustration with on -going
violations of other hookah lounges in this area with many of those complaints near homes or
with patrons smoking outdoors when not permitted by the city. In addition, the city attorney's
office was concerned that some of the existing hookah lounges might be operating in a manner
not consistent with state laws regarding smoking even if the businesses were in compliance with
city standards. To address those concerns, she remarked, it was necessary that the city look at
potential conflicts between state law and the zoning code, advising that council could consider
adopting an interim urgency ordinance regarding smoking lounges to allow staff to consider this
issue as well as to review and refine standards that might reduce the conflicts between hookah
lounges and nearby homes and businesses. She added this interim urgency ordinance would
ensure that no additional lounges were considered until the city standards had been reviewed
and possibly amended, and if the city council was interested in pursuing this option, staff could
place this ordinance on the next agenda for consideration.
Ms. Vander Dussen ended her report remarking the proposed hookah lounge would be
operated as an accessory use to a banquet facility and restaurant and if it were a free - standing
usage, it would be permitted under the zoning code. Additionally, there were a number of
conditions that addressed the nearby neighborhood's concerns with the applicant agreeing to
meet with residents in the future if his business caused any problems in the community. Those
conditions combined with the configuration of the building and the distance from the smoking
lounge to the nearest homes would have negative consequences to the adjoining neighborhood
and staff, therefore, recommended upholding the Planning Commission's decision to approve
the proposed restaurant, banquet hall and smoking lounge.
For council's information, Mr. Houston remarked, the appropriate time to direct staff to prepare
an urgency ordinance, if they chose to do so, was during council communications.
Mayor Pro Tern Eastman thanked staff for taking the city council's direction and working with the
neighborhood and the applicant for a resolution that would satisfy all. She thanked Bernice
Danker for representing the neighborhood so well and the applicant for being a good neighbor
and working with nearby residents and moved to approve RESOLUTION NO. 2013 -178 OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2013-
05679 and making certain findings in connection therewith, seconded by Council Member Kring.
Each of the council members expressed their appreciation to the community in bringing forward
their concerns and to the business owner for being responsive to their neighborhood. Roll Call
Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.)
Noes — 0. Motion Carried.
REPORT ON CLOSED SESSION ACTIONS: None
City Council Minutes of November 19, 2013
Page 12 of 12
COUNCIL COMMUNICATIONS:
Council Member Brandman acknowledged the 150th Anniversary of the Gettysburg Address
and how those few words remained inspirational to this date. He also spoke about the Gift of
History, a program chaired by Gail Eastman in which over 17,000 3` grade students were
eagerly engaged in learning about the history of Orange County in this unique teaching
experience and highlighted other important community events such as the 2013 Savanna Field
Tournament of Bands on November 16 the We Give Thanks Thanksgiving Dinner at the
Honda Center and remembrance of the 50 Anniversary of John F. Kennedy's assassination.
Council Member Murray congratulated Mayor Pro Tern Eastman and the foundation board that
puts together the Gift of History, remarking it should be mirrored in other cities as a true gift to
the communities. She highlighted services offered at the Ponderosa Library as well as other
Anaheim libraries and announced the tree lighting ceremony and toy drive going on in East
Anaheim.
Council Member Kring thanked all those involved in making the Veterans Day ceremony a
success. She also congratulated the 13 new firefighter paramedics for the Fire Department and
the successful Business Assistance Program happening in the Planning Department. Council
Member Kring requested Nicole Richard be recognized at a future council meeting for achieving
the Girl Scouts Gold Award.
Mayor Pro Tern Eastman spoke of the Gift of History and thanked her Senior Policy Aid, CJ
Eastman, for her work in making this event a success. She congratulated Council Member Kring
on the success of the Veteran's Day ceremony and spoke about her attendance at the Heal
Zone presentation, McTeacher Night, and the OCTA rodeo. She also requested an urgency
ordinance addressing concerns regarding Hookah lounges be placed on the next agenda and
shared that she would be participating in the We Give Thanks Thanksgiving Dinner.
Mayor Tait thanked Mayor Pro Tern Eastman and Council Member Kring for their efforts on the
Gift of History and Veteran's Day celebration. He spoke of his attendance at the Orange County
Community Foundation luncheon and congratulated Dukku Lee and Kristine Ridge on their
appointments. Mayor Tait thanked Frank Garcia for the We Give Thanks Thanksgiving Dinner
to be held at the Honda Center, highlighted Bruno Serato for providing over 1000 meals every
night to families in need, and spoke of Price Elementary School's Million Acts of Kindness
campaign.
ADJOURNMENT: With no other business to conduct, Mayor Tait adjourned the November 19,
2013 council meeting at 7:03 P.M.
ully submitted,
R p tf 6uaz
Linda N. Andal, CMC
City Clerk